Agenda - Town of Raymond, Maine

ROGERS TERMS OF SERVICE
The following terms and conditions of service (these “Terms”)
govern your use of the Services. Your service agreement (as may
be amended), any Rogers brochure or online material describing
the plans, features, services or products you have subscribed to or
purchased, any applicable user guides that are currently in effect,
and any other materials incorporated by reference (collectively, the
“Materials”) together with these Terms constitute our agreement
with you (“Service Agreement”). You may have more than one
Service Agreement with us. If there is any inconsistency between the
Materials and these Terms, these Terms will prevail.
Throughout this document:
• Commitment Period means a committed period of time, as
indicated on a Service Agreement;
• Equipment means any device, equipment or hardware used to
access the Services (as defined below) or used in conjunction with
the Services, including any SIM (Subscriber Identity Module) card;
• Month-to-Month Services means any Services that you subscribe
to on an ongoing basis, but not with a Commitment Period (as
defined below);
• Pay-Per-Use Services means any Services that you receive from
Rogers on a per-usage basis (which may be a one-time usage, or
usage for a set period of time, such as one day or one week), but
not on an ongoing basis;
• Residents of Newfoundland means residents of Newfoundland
and Labrador who enter into a Service Agreement to which the
Consumer Protection and Business Practices Act (Newfoundland
and Labrador) applies;
• Residents of Québec means residents of Québec who enter
into a Service Agreement to which the Consumer Protection Act
(Québec) applies;
• Service or Services means the wireless services, Internet access
services, phone services, television services, home monitoring
services or other services that you subscribe to or purchase
under a Service Agreement or receive from or through Rogers.
These Terms do not apply to services offered by Rogers Media
Inc. and its subsidiaries. In addition, Yahoo! Inc. and its affiliates
provide users with access to a collection of resources, including
various communications tools and content (the “Yahoo! Services”).
The Rogers Internet access services and Yahoo! Services are
collectively referred to in these Terms as Internet Services;
• Term Services means any Services that you subscribe to for a
Commitment Period; and
• us, we, our and Rogers means the Rogers entity named in a
Service Agreement.
Your account information may, from time to time, be disclosed to other
members of the Rogers Communications Inc. organization and to our
agents and dealers in order to service your account, respond to your
questions and telemarket (including by way of automatic dialing and
announcing devices) and promote additional products and services
offered by members of the Rogers organization that may interest you.
If you do not wish to receive offers or information from related Rogers
entities, please contact Rogers at the address set out below.
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By entering into a Service Agreement, you:
• authorize Rogers to obtain information about your credit history and
agree that Rogers may provide information to others about your
credit experience with Rogers;
• accept all provisions of the Service Agreement, including those set
forth in the Materials and these Terms;
• agree to cause all persons who use Services under your account
or with your authorization to comply with the Service Agreement;
• acknowledge that the acts or omissions of all persons who use
Services under your account or with your authorization will be
treated for all purposes as your acts or omissions;
• acknowledge that you have received and had the opportunity to
review a copy of the Service Agreement, including the Materials
and these Terms;
• confirm that the information you have provided to us is up-to-date
and accurate; and
• agree to notify us of any change in your information.
Amendment Provisions applicable only to wireless Services
and wireless Service Agreements
Unless otherwise specified in a Service Agreement, we may change,
at any time, but upon no less than 30 days’ prior written notice
to you: a) with respect to a Month-to-Month Service, any charges,
features, content, functionality, structure or any other aspects of
the Month-to-Month Service, as well as any term or provision of
the Service Agreement for that Month-to-Month Service, and b)
with respect to a Term Service, any charges, features, content,
functionality, structure or any other aspects of the Term Service,
as well as any term or provision of the Service Agreement for that
Term Service, other than a Key Term (as defined below), unless
the change benefits you. The written notice will be provided to you
by bill message, text message, letter or e-mail and will explain the
amendment and when it will take effect.
A “Key Term” means (i) the services included in the Term Service
and any limits on the use of those services, (ii) the minimum monthly
charge for the Term Service, (iii) the Commitment Period of the Term
Service, (iv) the Early Cancellation Fee (as defined below) amount
and calculation as set out in the Service Agreement for that Term
Service, and (v) the Device Unlock Fee as set out in your Service
Agreement for that Term Service. Pay-Per-Use Services are subject
to availability, and the pricing and nature of any Pay-Per-Use Service
may be changed or terminated by Rogers at any time without prior
notice to you.
Amendment Provisions applicable to all other Services and
Service Agreements (not applicable to wireless Services):
Not applicable to Residents of Newfoundland and Residents of
Québec: Unless otherwise specified in a Service Agreement, we may
change, at any time, any charges, features, content, functionality,
structure or any other aspects of the Month-to-Month Services or
the Term Services, as well as any term or provision of a Service
Agreement, upon notice to you by bill message, text message, letter
or e-mail. If you do not accept such change, your sole remedy is to
terminate the affected Services or Service Agreement within 30 days
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of your receipt of our notice of change (unless we specify a different
notice period), by providing us with advance notice of termination
pursuant to Section 34.
Pay-Per-Use Services are subject to availability, and the pricing and
nature of any Pay-Per-Use Service may be changed or terminated by
Rogers at any time without prior notice to you.
Applicable only to Residents of Newfoundland and Residents
of Québec: Unless otherwise specified in a Service Agreement,
we may change, at any time, but upon no less than 30 days’ prior
written notice to you: a) with respect to a Month-to-Month Service, any
charges, features, content, functionality, structure or any other aspects
of the Month-to-Month Service, as well as any term or provision of
the Service Agreement for that Month-to-Month Service, and b) with
respect to a Term Service, any aspects of the Term Service, as well as
any term or provision of the Service Agreement for that Term Service,
other than the price, term or nature of that Term Service or any other
essential elements of the Term Service or that Service Agreement. The
written notice will be provided to you by bill message, text message,
letter or e-mail and will contain the new or amended term or provision,
the former version of that term or provision (if applicable), the date
that the amendment will come into force, and your rights which are
described as follows. If a change to a Month-to-Month Service or a
Term Service entails an increase in your obligations or a decrease
in our obligations and if you do not accept such a change, you may
terminate the affected Services without an Early Cancellation Fee (as
defined below) by sending us a notice to that effect no later than 30
days after the amendment takes effect.
Pay-Per-Use Services are subject to availability, and the pricing and
nature of any Pay-Per-Use Service may be changed or terminated by
Rogers at any time without prior notice to you.
Charges; Account and Payment Information
1. Charges will commence on the date of the initial activation of the
Services or the Equipment, whichever is earlier (the “Activation
Date”).
2. Unless otherwise agreed to by you and us, we will bill you
monthly. We may bill you, however, for a charge up to 6 months
from the date the charge was incurred.
3. You are liable for all charges to your account. Charges to your
account are due and payable in full from the date of your invoice
or statement. If you are paying by mail or through a financial
institution, please allow adequate time for your payment to reach
us prior to the required payment date.
4. If payment of an amount due on your account is not received
by us by the required payment date specified by us, it will be
considered a delinquent amount and will be subject to a late
payment charge of 2% per month, calculated and compounded
monthly on the delinquent amount (26.82% per year) from the
date of the first invoice on which the delinquent amount appears
until the date we receive such amount in full. You agree that we
can charge any unpaid and outstanding amount, including any
late payment charges, on your account to your credit card, bank
account or any other payment method pre-authorized by you for
payment of our charges.
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5. Not applicable to Residents of Québec: Administrative charges
may be levied for administration or account processing activities
in connection with your account, including as a result of
the following:
• collection efforts due to non-payment or having a balance
over your credit limit, including unbilled usage and pending
charges, fees and adjustments;
• returned or rejected payments;
• change of any price plan;
• change of any identifier (e.g., phone number); and/or
• the restoral of Service.
A list of such charges is available on request, or at
http://www.rogers.com/charges, and is incorporated into these
Terms by reference.
6. Applicable only to Residents of Québec: Administrative
charges may be levied for administration or account processing
activities in connection with your account, including as a
result of the change of any price plan or identifier (e.g., phone
number). A list of such charges is available on request, or at
http://www.rogers.com/charges, and is incorporated into these
Terms by reference.
7. When roaming off Rogers’ facilities or networks, you will be
responsible for all applicable Rogers’ charges and will be subject
to the limitations or conditions of service of the service provider of
such roaming services.
8. Any questions or discrepancies regarding charges must be
reported to us within 90 days of the date of our invoice or other
statement. Failure to notify us within this time period will constitute
your acceptance of such charges. If any such discrepancies
resulted in unauthorized or incorrect charges on your account,
as determined by us in our sole discretion, then we will reverse
those charges within 30 days of receiving your notice of such
discrepancies.
9. Unless otherwise set out in the Materials, if you agree to subscribe
to any Term Services, you may be subject to an early cancellation
fee, as described in a Service Agreement (“Early Cancellation
Fee”), for the early cancellation of your Term Service prior to
the end of the applicable Commitment Period. Any decrease in
your Commitment Period may be subject to a fee. If your Term
Service is terminated prior to the end of the Commitment
Period, you will pay us an Early Cancellation Fee as specified
in the Service Agreement for that Term Service, plus taxes.
10. If you are receiving any benefit as a result of your relationship
with a third party (e.g., your employer), we may verify such
relationship. If you become ineligible to receive such benefit for
any reason (e.g., your employment is terminated or your employer
becomes ineligible to receive the benefit), we reserve the right to
transfer your Service to an alternate Service plan, as determined
by us in our sole discretion.
11. Changes to your account (e.g., price plan, features or identifiers)
may not take effect until after your next billing date.
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Deposit; Credit Requirements
12. Not applicable to wireless Services, Residents of
Newfoundland and Residents of Québec: We may require a
deposit or impose other payment or credit requirements (e.g.,
interim payments; mandatory pre-payments) at any time and
on such terms as determined in our sole discretion. You will not
earn any interest on any deposits or other payments held by us.
If your Service is terminated, we will apply any deposits or other
payments against the outstanding final balance on your account.
13. Applicable only to Residents of Newfoundland and Residents
of Québec for Services other than wireless Services: We may
require a deposit or impose other payment or credit requirements
(e.g., interim payments; mandatory pre-payments) at any time and
on such terms as determined in our sole discretion. Any security
deposit held by us will bear interest at the rate determined by
applicable legislation or regulation, as determined from time to
time, from the date we collect a security deposit (but no earlier
than required under applicable legislation or regulation), until the
date we return it to you. We will notify you upon using all or part of
a security deposit. If your Service is terminated, we will return any
security deposits with applicable interest minus the outstanding
final balance on your account within 30 days of termination of
your Services.
14. Upon notice to you, we may assign, change or remove a credit
limit on your account at any time. Service may be suspended,
at any time, to any and all of your accounts, if your balance,
including unbilled usage and pending charges, fees and
adjustments, exceeds this limit. Recurring service charges
continue to apply during any suspension of Services.
Identifiers
15. You do not own any identifier (e.g., telephone, account, calling
card or PIN number; e-mail, IP or Web page address; access
code, etc.) assigned to you, and we may change or remove any
identifier at any time upon notice to you.
Policies and Acceptable Use
16. From time to time, we may establish policies, rules and limits
(together, the “Policies”) concerning use of the Services,
Equipment and any products, content, applications or services
used in conjunction with the Services or Equipment. Your use of
the Services is subject to these Policies, which are incorporated
into these Terms by reference. We will provide you with notice
of the Policies and of changes to the Policies. Our Acceptable
Use Policy accompanies these Terms. It is also available at
http://www.rogers.com/terms. When you use the Yahoo! Services,
the Yahoo! terms of service, guidelines and rules (“Yahoo! Terms”)
applicable to such services that are posted on the pages where
you access these services govern your use of the Yahoo! Services.
By using the Yahoo! Services you agree to be bound by the
Yahoo! Terms which are incorporated by reference into a Service
Agreement. In addition, when using certain other services, you may
be subject to additional terms (which may be posted from time to
time) applicable to such services and which may be incorporated
by reference into a Service Agreement.
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17. You may not use the Services for anything other than your own
personal use. You may not resell the Services, receive any charge
or benefit for the use of the Services or provide Internet access or
any other feature of the Services to any third party. You may not
share or transfer your Services without our express consent.
Your Content
18. You grant us the following world-wide, royalty-free and nonexclusive licences with respect to content you make available
for inclusion on publicly accessible areas of the Services, as
applicable:
• With respect to photos, graphics, audio and audiovisual
content: the licence to use, distribute, reproduce, modify,
compress, adapt, publicly perform, publicly display and
communicate by telecommunication the content on the
Services solely for the purpose for which it was made available.
This licence exists only for as long as you elect to continue to
include the content on the Services and terminates when you or
we remove such content from the Services.
• With respect to all other content (other than photos, graphics,
audio and audiovisual content): the perpetual, irrevocable
and fully sublicensable licence to use, distribute, reproduce,
modify, compress, adapt, publish, translate, communicate by
telecommunication, publicly perform and publicly display, and
to incorporate it into other works in any format or medium now
known or later developed.
“Publicly accessible” areas of the Services are those areas
of the Services that are intended by us to be available to the
general public, e.g., online message boards that are open to both
registered members and visitors. Publicly accessible areas of the
Services do not include those portions of the Services that are
only accessible by registered members or intended for private
communication, e.g. e-mail and instant messenger.
19. We have the right, but not the obligation, to monitor or investigate
any content that is transmitted using the Services (other than
voice Services) or the Equipment. We may also access or
preserve content or information to comply with legal process in
Canada or foreign jurisdictions, operate the Services, ensure
compliance with a Service Agreement or any Policies, or protect
ourselves, our customers or the public. We may move, remove or
refuse to post any content, information or materials, in whole or in
part, that we decide are unacceptable, undesirable or in violation
of a Service Agreement.
Equipment
20. Except for Equipment that you have fully paid for, all Equipment
installed or provided by us remains our property and you agree that:
• you will take reasonable care with such Equipment;
• you may not sell, lease, mortgage, transfer, assign or encumber
such Equipment;
• you may not re-locate such Equipment without our knowledge
and permission; and
• you will return such Equipment to us at your own expense upon
termination of the Services to which the Equipment is related.
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If such Equipment is lost, stolen or damaged or sold, leased,
mortgaged, transferred, assigned, encumbered or not returned,
you agree to pay us the undiscounted retail value of such
Equipment, together with any costs incurred by us in seeking
possession of such Equipment.
21. You authorize us and our representatives to enter or have access
to your premises as necessary at mutually agreed upon times
to install, maintain, inspect, repair, remove, replace, investigate,
protect, modify, upgrade or improve the operation of our services,
the Equipment or our facilities or networks. If any of your Services
or accounts have been terminated, then you authorize us and
our representatives to enter or have access to your premises to
disconnect the Services, as applicable.
22. Equipment and related software may have to meet certain
minimum requirements and be maintained in certain ways and in
certain locations in order to access the Services or for the proper
operation of the Services (e.g., 9-1-1 services). Such requirements
may be changed from time to time at our sole discretion. Unless
otherwise specified by us, you are solely responsible for updating
or maintaining your Equipment and software as necessary to
meet such requirements, and you may not be entitled to customer
support from us if you fail to do so.
23. You must immediately notify us, at any of the points of contact
specified below, if your Equipment is lost, stolen or destroyed. If
you then wish to terminate your Term Services, your obligations
under the Service Agreement for those Term Services, including
any Early Cancellation Fee, will apply.
Software and Content
24. Any software, content (including, without limitation, ring tones, full
music tracks, graphics, video clips, applications and games) and/
or accompanying documentation that we provide or sell to you
or that you receive or purchase through Rogers or our third party
storefronts is for your own personal, non-commercial use, may not
be distributed, transferred or sold and remains our property or
that of our licensors or content providers, as applicable. You will
take reasonable steps to protect such software, or content and/
or documentation from theft, loss or damage. Such software or
content may from time to time automatically and, without notice to
you, cause your Equipment to access the Internet incurring data
usage and/or overage charges. You must review and agree to any
applicable end user licence agreement of Rogers, our licensors
or content providers. Unless otherwise provided in the applicable
end user licence agreement, all end user licence agreements will
terminate upon termination of the applicable Service Agreement.
No Warranties
25. You acknowledge and understand that the Services or access to the
Services, including 9-1-1, public alerts or special needs services,
may not function correctly, or at all, in the following circumstances:
• if your Equipment fails, is not configured correctly or does not
meet Rogers’ requirements;
• if you install certain third party applications on your Equipment;
• in the event of a network outage or extended power failure;
• if you tamper with or, in some cases, move the Equipment; or
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• following suspension or termination of your Services or account.
26. Neither Rogers nor its affiliates, partners, licensors, dealers,
representatives, suppliers and agents (and their respective
employees, officers, directors, shareholders and representatives)
(collectively, “Rogers Parties”) are responsible or liable to you for
any software, content, products or services provided to you or
accessible by you through the Services, any charges incurred
in connection with such software, content, products or services
or anything that is or can be done with such software, content,
products or services even if you are billed for such software,
content, products or services. Rogers may limit the amount of
software, content products or services that you may purchase.
All such software, content, products or services is accessed or
transmitted solely at your own risk.
27. Not applicable to Residents of Québec: To the maximum
extent permitted by applicable law:
• the Rogers Parties do not guarantee or warrant the
performance, availability, coverage, uninterrupted
use, security, pricing or operation of the Services, the
Equipment or any products, content, applications, services,
facilities, connections or networks used or provided by us
or third parties (collectively, the “Offering”);
• you bear the entire risk as to the use, availability, reliability,
timeliness, quality, security and performance of the Offering;
and
• the Rogers Parties do not make any express or implied
representations, warranties or conditions, including
warranties of title or non-infringement, or implied
warranties of merchantable quality or fitness for a
particular purpose, with regard to the Offering.
All representations, warranties and conditions of any kind,
express or implied, are excluded to the maximum extent
permitted by applicable law. To the maximum extent permitted
by applicable law, no advice or information, whether oral or
written, obtained by you from the Rogers Parties creates any
term, condition, representation or warranty not expressly
stated in a Service Agreement.
You are solely responsible for the following matters:
• any access to the Equipment;
• maintaining the security and privacy of your property and
your transmissions using the Services, the Equipment or
our facilities or networks; and
• protecting against any breaches of security or privacy or
other risks involved in installing, using, maintaining or
changing the Services or the Equipment.
28. Applicable only to Residents of Québec: To the maximum
extent permitted by law:
• the Rogers Parties do not guarantee or warrant the
performance, availability, coverage, uninterrupted use,
security, pricing or operation of the Services or any
products, content, applications, services, facilities,
connections or networks used or provided by us or third
parties (collectively, the “Offering”);
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• you bear the entire risk as to the use, availability, reliability,
timeliness, quality, security and performance of the Offering;
and
• the Rogers Parties do not make any express or implied
representations, warranties or conditions, including
warranties of title or non-infringement, or implied
warranties of merchantable quality or fitness for a
particular purpose, with regard to the Offering.
You are solely responsible for the following matters:
• any access to the Equipment;
• maintaining the security and privacy of your property and
your transmissions using the Services, the Equipment or
our facilities or networks; and
• protecting against any breaches of security or privacy or
other risks involved in installing, using, maintaining or
changing the Services or the Equipment.
Limitations of Liability
29. Not applicable to Residents of Québec: Unless otherwise
specifically set out in a Service Agreement, to the maximum
extent permitted by applicable law, the Rogers Parties will not
be liable to you or to any third party for:
• any direct, indirect, special, consequential, incidental,
economic or punitive damages (including loss of profit
or revenue, financial loss, loss of business opportunities,
loss, destruction or alteration of data, files or software,
breach of privacy or security property damage, personal
injury, death or any other foreseeable or unforeseeable
loss, however caused) resulting or relating directly
or indirectly from or relating to the Offering or any
advertisements, promotions or statements relating to any
of the foregoing, even if we were negligent or were advised
of the possibility of such damages;
• the performance, availability, reliability, timeliness, quality,
coverage, uninterrupted use, security, pricing or operation
of the Offering;
• any error, inclusion or omission with respect to any
telephone listings or directories;
• the denial, restriction, blocking, disruption or
inaccessibility of any Services, including 9-1-1, public
alerts or special needs services, Equipment or identifiers
(including telephone numbers);
• any lost, stolen, damaged or expired Equipment, identifiers,
passwords, codes, benefits, discounts, rebates or credits;
• any error, omission or delay in connection with the
transfer of telephone numbers to or from another
telecommunications service provider or any limitation
connected thereto;
• any acts or omissions of a telecommunications carrier
whose facilities are used to establish connections to points
that we do not serve; or
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• any claims or damages resulting directly or indirectly from
any claim that the use, intended use or combination of the
Offering or any material transmitted through the Services
infringes the intellectual property, industrial, contractual,
privacy or other rights of a third party.
These limits are in addition to any other limits on the Rogers
Parties’ liability set out elsewhere in a Service Agreement and
apply to any act or omission of the Rogers Parties, whether or
not the act or omission would otherwise be a cause of action
in contract, tort or pursuant to any statute or other doctrine
of law.
30. Applicable only to Residents of Québec: Unless otherwise
specifically set out in a Service Agreement, and except for
damages resulting from a Rogers Party’s own act, the Rogers
Parties will not be liable to you or to any third party for:
• any damages (including loss of profit or revenue, financial
loss, loss of business opportunities, loss, destruction or
alteration of data, files or software, breach of privacy or
security or property damage) resulting or relating directly
or indirectly from or relating to the Offering;
• the performance, availability, reliability, timeliness, quality,
coverage, uninterrupted use, security, pricing or operation
of the Offering;
• any error, inclusion or omission with respect to any
telephone listings or directories;
• the denial, restriction, blocking, disruption or
inaccessibility of any Services, including 9-1-1, public
alerts or special needs services, Equipment or identifiers
(including telephone numbers);
• any lost, stolen, damaged or expired Equipment, identifiers,
passwords, codes, benefits, discounts, rebates or credits;
• any error, omission or delay in connection with the
transfer of telephone numbers to or from another
telecommunications service provider or any limitation
connected thereto;
• any acts or omissions of a telecommunications carrier
whose facilities are used to establish connections to points
that we do not serve; or
• any claims or damages resulting directly or indirectly from
any claim that the use, intended use or combination of the
Offering or any material transmitted through the Services
infringes the intellectual property, industrial, contractual,
privacy or other rights of a third party.
Indemnification
31. You will indemnify and hold harmless the Rogers Parties from
and against any claims, losses, damages, costs and expenses
(including, without limitation, reasonable legal fees and other
litigation expenses) incurred by the Rogers Parties relating
to your violation, alleged violation or misappropriation of any
intellectual property, industrial, contractual, privacy or other
rights of a third party or any alleged libel or slander by a third
party against you.
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Privacy and Confidentiality of Your Information
32. Our corporate and online Privacy Policies are available at
http://www.rogers.com/privacy. To contact our Privacy
Officer in order to access, or obtain more information about,
your personal information held by Rogers, make a privacyrelated complaint, or obtain a copy of our Privacy Policies:
e-mail us at [email protected]; or write to Chief Privacy
Officer, Rogers Group of Companies, 333 Bloor Street East,
Toronto, ON M4W 1G9. Further information about how your
personal information is treated when using the Internet Services is
available at http://www.rogers.yahoo.com/privacy.
Personal information collected in connection with the provision of
the Services may be stored and processed in or outside Canada
and may be subject to the laws of other jurisdictions.
Unless you provide express consent, or disclosure is required
pursuant to a legal power, all information regarding you kept by
us, other than your name, address and listed telephone number,
is confidential and may not be disclosed by us to anyone
other than:
• you;
• a person who, in our reasonable judgment, is seeking the
information as your agent;
• another telephone company, provided the information is
required for the efficient and cost-effective provision of
telephone service and disclosure is made on a confidential
basis, with the information to be used only for that purpose;
• a company involved in supplying you with telephone or
telephone directory-related services, provided the information
is required for that purpose and disclosure is made on a
confidential basis, with the information to be used only for
that purpose;
• an agent retained by us in the collection of your account or
to perform other administrative functions for us, provided the
information is required for and used only for that purpose;
• an agent retained by us to evaluate your creditworthiness,
provided the information is required for and is to be used only
for that purpose;
• a law enforcement agency whenever we have reasonable
grounds to believe that you have knowingly supplied us with
false or misleading information or are otherwise involved in
unlawful activities;
• a public authority or agent of a public authority if, in our
reasonable judgment, it appears that there is imminent danger
to life or property which could be avoided or minimized by
disclosure of the information; or
• a public authority or agent of a public authority, for emergency
public alerting purposes, if a public authority has determined
that there is an imminent or unfolding danger that threatens
the life, health or security of an individual and that the danger
could be avoided or minimized by disclosure of the information.
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Express consent to disclosure may be obtained as follows:
• by written consent;
• by oral confirmation verified by an independent third party;
• by electronic confirmation through the use of a toll-free number;
• by electronic confirmation via the Internet;
• by oral consent, where an audio recording of the consent is
retained by us; or by consent through other methods, as long
as an objective documented record of your consent is created
by you or by an independent third party.
Term; Suspension; Termination
33. The term of a Service Agreement, and any applicable
Commitment Period, starts on the Activation Date and shall
continue indefinitely until terminated in accordance with the
provisions of that Service Agreement or applicable law.
34. Not applicable to Residents of Newfoundland and Residents
of Québec:
Unless otherwise permitted by applicable law:
• you may terminate any or all of your wireless Services and any
corresponding Service Agreement at any time by contacting
Rogers at the appropriate points of contact specified in
these Terms;
• you may terminate any or all of your non-wireless Services and
any corresponding Service Agreement upon no less than 30
days’ advance notice by contacting Rogers at the appropriate
points of contact specified in these Terms; and
• Rogers may terminate any or all of your Services or accounts
and any corresponding Service Agreement upon no less than
30 days’ advance notice to you at your billing address.
If you terminate any wireless Services, cancellation takes effect
on the day that Rogers receives notice of the cancellation.
Applicable charges continue to apply until that date. If you
terminate any non-wireless Services or we terminate any Services,
applicable charges continue to apply until the end of the notice
period or until the Services are no longer accessible by you,
whichever is later.
35. Applicable only to Residents of Newfoundland:
Unless otherwise permitted by applicable law:
• you may terminate any or all of your Services and any
corresponding Service Agreement at any time by contacting
Rogers at the appropriate points of contact specified in
these Terms;
• Rogers may terminate any or all of your Services or accounts
and any corresponding Service Agreement upon no less than
60 days’ advance notice to you at your billing address, unless
you are in default of your obligations pursuant to a Service
Agreement, including one of the events of default described in
Section 38 below;
• if you have subscribed to a Term Service, then we may terminate
such Service only if you are in default of your obligations under
the Service Agreement for that Term Service or we no longer
have the technical ability to provide that Term Service; and
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• if your account has a credit balance over $10 on your final
invoice, then we will refund that balance to you within 60 days
of the date of that invoice. Discretionary credits will not
be refunded.
If you terminate any wireless Services, cancellation takes effect
on the day that Rogers receives notice of the cancellation.
Applicable charges continue to apply until that date. If you
terminate any non-wireless Services or we terminate any
Services, applicable charges continue to apply until the date
of the notice or a future date specified therein (if applicable),
whichever is later.
36. Applicable only to Residents of Québec:
Unless otherwise permitted by applicable law:
• you may terminate any or all of your Services and any
corresponding Service Agreement at any time by contacting
Rogers at the appropriate points of contact specified in
these Terms;
• Rogers may terminate any or all of your Services or accounts
and any corresponding Service Agreement upon no less than
60 days’ advance notice to you at your billing address, unless
you are in default of your obligations pursuant to a Service
Agreement, including one of the events of default described in
Section 38 below; and
• if you have subscribed to a Term Service, then we may
terminate such Service only if you are in default of your
obligations hereunder, pursuant to Sections 1604, 2126 and
2129 of the Civil Code of Québec.
If you terminate any wireless Services, cancellation takes effect on
the day that Rogers receives notice of the cancellation. Applicable
charges continue to apply until that date. If you terminate any
non-wireless Services or we terminate any Services, applicable
charges continue to apply until the date of the notice or a future
date specified therein (if applicable), whichever is later.
37. The transfer of your telephone number to another
telecommunications service provider constitutes a termination
of the applicable Service(s), and an Early Cancellation Fee may
apply as set out in Section 9.
38. In addition to our rights to terminate your Services pursuant to
Sections 34, 35 and 36, to the extent permitted by applicable
law, we may restrict, block, suspend, disconnect or terminate any
or all of your Services or accounts, including 9-1-1 service, or
identifiers in any way, without notice or liability to you, if:
• you are in breach of a Service Agreement, including
non-payment of your charges or non-compliance with any Policies;
• you do not maintain Service usage within the prescribed
credit limit;
• you fail to provide or maintain a reasonable security deposit or
alternative when requested to do so by us;
• you agree to a deferred payment plan with us and fail to
comply with the terms of the plan;
• you exceed reasonable usage limits, as determined by us;
• you have given us false, misleading or outdated information;
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• we reasonably suspect or determine that any of your
account, identifiers, Services or Equipment is the subject of
fraudulent, unlawful or improper usage or usage that adversely
affects our operations or the use of our services, facilities or
networks by others;
• you harass, threaten or abuse us or our employees or agents;
• you fraudulently or improperly seek to avoid payment to us;
• we need to install, maintain, inspect, test, repair, remove,
replace, investigate, protect, modify, upgrade or improve the
operation of the Services, the Equipment or our facilities
or networks;
• any account or service on which your Services depend is
terminated for any reason; or
• we reasonably believe that there is an emergency or extreme
circumstance that would warrant such action.
39. If we restrict, suspend, block, disconnect or terminate your
Services or accounts:
• you must pay any amounts owing;
• we may also suspend, block, disconnect or terminate, without
notice or liability, your Services under any other agreement or
account that you may have with us or a related Rogers entity
(including accounts that may be in good standing);
• you may be charged for any costs incurred by us or any
related Rogers entity in connection with your breach of these
Terms, including costs incurred to enforce your compliance;
• your access to emergency or special needs services (e.g.,
9-1-1) may also be restricted, suspended, blocked or
terminated; and
• your rates for services with related Rogers entities may change
in accordance with the terms of those services.
Arbitration
40. Not applicable to Residents of Québec: To the extent
permitted by applicable law, unless we agree otherwise, any
claim, dispute or controversy, whether in contract or tort, pursuant
to statute or regulation, or otherwise, and whether pre-existing,
present or future, arising out of or relating to the following items
will be determined by final and binding arbitration to the exclusion
of the courts:
• a Service Agreement;
• the Services or Equipment;
• oral or written statements, advertisements or promotions
relating to a Service Agreement, the Services or Equipment; or
• the relationships that result from a Service Agreement.
41. Not applicable to Residents of Québec: Where applicable,
arbitration will be conducted in the province in which you reside,
on a simplified and expedited basis by 1 arbitrator pursuant to
the current laws and rules relating to commercial arbitration in
the province or jurisdiction in which you reside on the date of
the notice. Rogers will pay all reasonable costs associated with
any such arbitration. Any such arbitration will be conducted in
accordance with our Arbitration Protocol, which is available at
http://www.rogers.com/terms.
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Intellectual Property
42. All trademarks, copyright, brand concepts, names, logos and
designs used by us are intellectual property assets, registered or
otherwise, of, or used under license by, Rogers Communications
Inc. or of one of its affiliates. All are recognized as valuable
assets of their respective owners, and may not be displayed or
used by you in any manner for commercial purposes or copied
in any manner for any purpose without the express prior written
permission of the Rogers Legal Department.
Entire Agreement
43. A Service Agreement, as amended from time to time, constitutes
the entire agreement between you and Rogers for the Services
subscribed to under that Service Agreement and supersedes all
prior agreements, written or oral, with respect to the same subject
matter. These Terms cannot be changed by you. The following
provision does not apply to Residents of Québec: No sales
representative, dealer, agent, officer or employee of Rogers has
the authority to change or modify these Terms, except pursuant to
an official revised version of these Terms, and you may not rely on
any such change or modification.
General
44. With respect to Internet Services, the obligations of Yahoo! and
Rogers are several and not joint. If any portion of a Service
Agreement is unenforceable, the remaining provisions continue
in full force. Our failure to enforce strict performance of any
provision of a Service Agreement does not mean we have waived
any provision or right. Neither the course of conduct between us
nor trade practice modifies any provision of a Service Agreement.
A Service Agreement enures to the benefit of and is binding on
you, your heirs and your legal personal representatives and on
your and Rogers’ respective successors and assigns. You may
not assign or transfer a Service Agreement without our prior
consent. We may assign or transfer a Service Agreement or any
of our rights or obligations hereunder without your consent. The
provisions of Sections 9, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 36,
38, 39, 40, 41, 42, 43, 44, 45, 50, 52, and 57 survive termination
of a Service Agreement. These Terms have been drawn up in
the English language at the express request of the parties. Les
présentes modalités ont été rédigées en anglais à la demande
expresse des parties.
Governing Law
45. A Service Agreement is governed exclusively by the laws of the
province in which your billing address is located and you submit
to the exclusive jurisdiction of the courts of such province, but if
your billing address is outside of Canada, that Service Agreement
is governed exclusively by the laws of the province of Ontario and
you submit to the jurisdiction of the courts of Ontario. Please note
that your rights and remedies may vary by province.
How to Contact Us
46. To contact Rogers regarding the Services: call 1-888-ROGERS1
(1-888-764-3771) or, from your wireless phone, call *611 (it’s
a free call); go online at http://www.rogers.com/contactus
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to use our live chat and for more options; send an e-mail to
[email protected]; send a fax to 1-800-219-6473;
or write to Rogers Customer Relations Manager, 40 Weber Street East,
5th floor, Kitchener, ON N2H 6R3 or 6315 chemin de la
Côte-de-Liesse, Saint-Laurent, QC H4T 1E5.
47. To contact Yahoo! Inc. regarding the Yahoo! Services only: write
to Manager, Customer Care, Rogers Hi-Speed Internet,
701 First Avenue, Sunnyvale, CA, 94089, USA.
48. Any notice of a claim must be given to the Rogers Legal
Department, 333 Bloor Street East, Toronto, ON M4W 1G9.
49. Any notice shall be deemed to have been given on the date on
which it was sent by the party giving the notice.
ADDITIONAL TERMS APPLICABLE TO
WIRELESS SERVICES
9-1-1 Emergency Services Provided on a Mandatory Basis
50. In respect of the provision of 9-1-1 emergency services available
through the wireless Services on a mandatory basis, we are not
liable for:
• libel, slander, defamation or the infringement of copyright
arising from material or messages transmitted over our network
from your property or premises or recorded by your equipment
or our equipment;
• damages arising out of your act, default, neglect or omission in
the use or operation of equipment provided by us;
• damages arising out of the transmission of material or messages
over our network on your behalf, which is in any way unlawful; or
• any act, omission or negligence of other companies or
telecommunications systems when their facilities are used in
establishing connections to or from your facilities and equipment.
Except in cases where negligence on our part results in physical
injury, death or damage to your property or premises, our liability
for negligence related to the provision of 9-1-1 emergency
services on a mandatory basis is limited to the greater of $20
and 3 times the amount, if any, you would otherwise be entitled
to receive as a refund for the provision of defective Service
under a Service Agreement. However, our liability is not limited
by this Section in cases of deliberate fault, gross negligence
or anticompetitive conduct on our part or in cases of breach of
contract where the breach results from our gross negligence.
Prepaid Wireless Services
51. The following additional terms apply to prepaid Rogers
wireless services:
• you can check your usage balance from your prepaid wireless
device by calling *611 (it’s a free call);
• deposits into your account for prepaid Rogers wireless services
are non-refundable;
• if you are entitled to a credit to your account, the credit will
be valid only for a certain specified period following the initial
activation of your Equipment to prepaid Rogers wireless services;
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• we will deduct a 9-1-1 Emergency Access Fee for the provision
of access to 9-1-1 service and any applicable 9-1-1 provincial
government fee, once per month from your account (there is
no airtime charge for calls made from your wireless device to
9-1-1); and
• if your account balance remains at 0 for 6 consecutive months
or if required payments towards your account are not made
or are returned, for any reason, your wireless identifier (e.g.,
telephone number or PIN number) will be deactivated.
ADDITIONAL TERMS APPLICABLE TO
INTERNET ACCESS SERVICES
Home Networking
52. You acknowledge and understand that when using home
networking, there are certain inherent risks (e.g., other users
may gain access to your system or your Services and accounts).
Rogers shall not be liable for any claims or damages relating to
home networking, even if the home networking application or
service is provided, installed, maintained or supported
by Rogers.
Portable Internet Access
53. Portable Internet access service is not intended, nor supported
by Rogers, for mobile use.
ADDITIONAL TERMS APPLICABLE TO HOME
PHONE SERVICES
Choice of Long Distance Service Provider
54. You may choose your long distance service provider from those
providers that have entered into connection arrangements with us.
If you choose to receive local, but not long distance, telephone
services from us, we may provide long distance services to you
prior to your activation by your chosen long distance company to
ensure continued availability of long distance services to you.
Telephone Listings and Directories
55. We will make your name, address and telephone numbers
available to publishers of paper and electronic telephone
directories and to providers of operator services, in accordance
with legal or regulatory requirements. However, subject to
the 9-1-1 service provider exception described below, you
may opt to have your name, address and telephone number
listing information omitted from these directories or services
by requesting, and paying for, an unlisted telephone number.
These directories or services, however, may receive or obtain
your telephone numbers and address from a source other than
us. Furthermore, your name, address and telephone numbers
will be accessible by 9-1-1 service providers, even if you have
requested, and paid for, an unlisted telephone number.
where the local telephone company’s facilities end and your facilities
begin. It is your responsibility to reconnect your facilities and
equipment as necessary after termination of your phone Services.
9-1-1 Emergency Services
57. In addition to the limitations on our liability set out above, the
following limitations apply to the provision of 9-1-1 emergency
services on the phone Services.
In order for 9-1-1 service to function properly, you must use the
adapter which forms part of the Equipment we have provided
you (the “Adaptor”) and other Equipment at your service address.
We will not be liable to you or to any third party for your failure to
comply with this requirement.
The phone Services may not function correctly, or at all, in the
following circumstances:
• if your Adaptor or other Equipment fails or is not
configured correctly;
• in the event of a cable network outage or extended
power failure;
• if you tamper with or move your Adaptor or other Equipment to
a location other than your service address; or
• following suspension or termination of a Service Agreement.
We will not be liable to you or to any third party for any inability to
use the phone Services or to obtain access to 9-1-1 emergency
services as a result of the limitations described in this Section.
ADDITIONAL TERMS APPLICABLE TO
TELEVISION SERVICES
TV Equipment
58. Only 1 television or FM receiver may be attached to any outlet.
Any unauthorized attachments to the Equipment or our cable,
or interfering or tampering with the Equipment or cable or
unauthorized use of our signals, is prohibited and may constitute
theft under criminal law.
59. You may use the Equipment only at the service address identified
on your account.
®Yahoo! is a registered trademark of Yahoo! Inc., used under license.
™Rogers Communications Inc. © 2007-2013
Connections
56. You must supply all facilities and equipment, including all wiring
inside your premises, and all telephone terminal equipment
necessary to connect your facilities and equipment up to the point
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